What is the limitation interval for consumer money owed: telephony, power, consumer credit score?
Prescription (extinctive prescription) is a mode of extinction of a proper ensuing from the inaction of its holder for a sure interval of time.
For a person debtor to an expert, this can subsequently be the interval from which his debt will now not be payable. Article L218-2 of the Consumer Code says that “the action of professionals, for the goods or services they provide to consumers, is prescribed by two years”.
If your debt is the consequence of a contract underneath consumer legislation (subsequently concluded between a consumer and an expert), the two-year time limit will apply.
But some money owed come underneath different codes and produce other limitation durations: 4 years for a public service (for instance water authority of a municipality, public hospital, native authority), one yr for a debt of telephony or ‘web (Post and digital communications code).
Another exception: no consumption of electrical energy or pure fuel older than 14 months from the final studying could be billed.
When does the limitation interval begin?
Normally from the date when the debt is due (bill, title of receipts of a public accountant, due date of a fee). A limitation interval can be interrupted or suspended.
The suspension of the prescription briefly stops the course with out erasing the time limit which has already run. Thus, for instance, the limitation interval is suspended when the events agree to resort to mediation or conciliation.
On the different hand, the interruption does run for a brand new interval of the similar length as the first: this can be the case, for instance, in the event you acknowledge the debt or if authorized motion has been taken by your creditor.
Finally, in case your creditor has obtained a courtroom determination in opposition to you, then, in precept, he has ten years to implement this judgment (proceed with a seizure by way of a bailiff for instance).